Green Rights and Entitlements within the Urbanisation Era – Challenges from the Perspective of Urbanisation-Sensitive Human Rights
International Environmental Law: Greening the Urban Living, 1st Edition, 2016 by Pravna fakulteta, Univerza v Ljubljani
Posted: 21 Jul 2016
Date Written: July 15, 2016
Abstract
The right to a healthy environment has increasingly received more attention by the international community, in so far as it has been studying the texts of the national constitutions and paying attention to the practice of the relevant constitutional, as well as treaty-based, interpretative bodies. Some green rights and other similar entitlements induced by the global threats caused by climate change, environmental degradation and their collateral effects have implicitly become part of the content of a small number of human rights treaties, such as the European Convention on Human Rights. The explicit recognition of the right to (a healthy) environment is still missing from the human rights treaties; however, several parts and the inherent content of this ambitious right are included in a great number of treaties (in the form of the right to food, water, sanitation, etc.). Nevertheless, the meaning, the notion, the normative spheres and the required state obligations, have remained unclear within the texts.
Keywords: right to a healthy environment, state aims, urbanisation-sensitive rights, right to housing, enforcement
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